U.S. Court of Appeals for the Fifth Circuit, 1978

Don v. Stinson v. State of Alabama

U.S. Court of Appeals for the Fifth Circuit · Decided October 23, 1978 · Ainsworth, Brown, Clark, Coleman, Gee, Godbold, Goldberg, Morgan, Per Curiam, Roney, Thorn-Berry, Thornberry

582 F.2d 377; 1978 U.S. App. LEXIS 8238 (Federal Reporter, Second Series)

Concurring Opinion

THORNBERRY, Circuit Judge,

specially concurring:

I agree that this case should be remanded to the panel for consideration of the merits of petitioner’s claims. See my dissenting opinion in Galtieri v. Wainwright, 582 F.2d at 366.

Dissenting Opinion

GOLDBERG, Circuit Judge,

dissenting:

For the reasons stated in my dissent in Galtieri v. Wainwright and Matera v. Wainwright, No. 75-4169 and 76-1006, 582 F.2d 366-367, decided today, I dissent.

Opinion of the Court

PER CURIAM:

This case is remanded to the panel for consideration in light of Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978), decided today by the court en banc.

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